The Missouri Supreme Court has ordered a new trial for a Kansas City Royals fan injured by a hot dog tossed by the team mascot.

The unanimous opinion Tuesday from the state’s highest court centered on a legal standard called the baseball rule. That rule says fans cannot sue teams over injuries caused by events on the field, court or rink. The court said it does not apply to a mascot tossing hot dogs.

The court said the risk of being injured by a tossed hot dog isn’t inherent to baseball. It sent the case back for a new trial.

John Coomer of Overland Park, Kansas, says he was injured at a 2009 game when team mascot Sluggerrr threw a hot dog into the stands, striking Coomer in the eye.